Turtle Creek Industrial Railroad, Inc.-Discontinuance of Service Exemption-in Westmoreland County, PA, 63563-63564 [2013-25013]

Download as PDF Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Notices under FOR FURTHER INFORMATION CONTACT. In addition, any person may, upon request, inspect the request, notice and other documents germane to the request in person at the Charleston International Airport. Issued in Atlanta, Georgia on October 10, 2013. Larry F. Clark, Assistant Manager, Atlanta Airports District Office Southern Region. [FR Doc. 2013–24985 Filed 10–23–13; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification Federal Highway Administration (FHWA), DOT. ACTION: Notice. AGENCY: This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate for the use of 0.5 in. x 0.008 in. steel fibers with ultimate tensile strength of 290 ksi. in Ultra High Performance Concrete (UHPC) at the joints and closure pours between deck pours of a Federal-aid project; US–6 over D&RGW Railroad in Utah. DATES: The effective date of the waiver is October 25, 2013. FOR FURTHER INFORMATION CONTACT: For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366–1562, or via email at gerald.yakowenko@dot.gov. For legal questions, please contact Mr. Michael Harkins, FHWA Office of the Chief Counsel, (202) 366–4928, or via email at michael.harkins@dot.gov. Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at: http:// www.archives.gov and the Government Printing Office’s database at: http:// www.access.gpo.gov/nara. Background The FHWA’s Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy VerDate Mar<15>2010 17:25 Oct 23, 2013 Jkt 232001 America requirements when the application would be inconsistent with the public interest or when satisfactory quality domestic steel and iron products are not sufficiently available. This notice provides information regarding the FHWA’s finding that a Buy America waiver is appropriate to use UHPC 0.5 in. x 0.008 in. steel fibers with ultimate tensile strength 290 ksi. on Federal-aid project US–6 over D&RGW Railroad in Utah. In accordance with Division A, section 122 of the ‘‘Consolidated and Further Continuing Appropriations Act, 2012’’ (Pub. L. 112–284), the FHWA published a notice of intent to issue a waiver on its Web site for UHPC steel fibers for a project in Utah (http:// www.fhwa.dot.gov/construction/ contracts/waivers.cfm?id=90) on July 23rd. The FHWA received no comments in response to the publication. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers of UHPC 0.5 in. x 0.008 in. steel fibers with ultimate tensile strength of 290 ksi. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of the UHPC steel fibers. In accordance with the provisions of section 117 of the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110–244, 122 Stat. 1572), the FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate for the use of non-domestic UHPC 0.5 in. x 0.008 in. steel fibers with ultimate tensile strength of 290 ksi. by the State of Utah. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to the FHWA’s Web site via the link provided to the Utah waiver page noted above. Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410. Issued on: October 7, 2013. Victor M. Mendez, Federal Highway Administrator. [FR Doc. 2013–24974 Filed 10–23–13; 8:45 am] BILLING CODE 4910–22–P PO 00000 63563 DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 825X] Turtle Creek Industrial Railroad, Inc.— Discontinuance of Service Exemption—in Westmoreland County, PA Turtle Creek Industrial Railroad, Inc. (TCIR), has filed a verified notice of exemption under 49 CFR part 1152 subpart F—Exempt Abandonments and Discontinuances of Service to discontinue service over approximately 9.8 miles of rail line from milepost 0.9 near Trafford, Pa., to milepost 10.7 in Export, Pa. (the Line). The Line traverses United States Postal Service Zip Codes 15085, 15668, and 15632. TCIR has certified that: (1) No local traffic has moved over the Line for at least two years; (2) no overhead traffic has moved over the Line for at least two years, and if there were any, it could be rerouted over other lines; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line either is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of complainant within the two-year period; and (4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the discontinuance shall be protected under Oregon Short Line Railroad— Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. Provided no formal expression of intent to file an offer of financial assistance (OFA) to subsidize continued rail service has been received, this exemption will become effective on November 23, 2013, unless stayed pending reconsideration.1 Petitions to stay that do not involve environmental issues and formal expressions of intent to file an OFA to subsidize continued 1 This notice was scheduled to be published in the Federal Register during the time that the agency was closed due to a lapse in appropriations. Because publication of this notice has been delayed, the effective date of the exemption will also be delayed to provide adequate notice to the public. Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1 63564 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Notices rail service under 49 CFR 1152.27(c)(2),2 must be filed by November 4, 2013.3 Petitions to reopen must be filed by November 13, 2013, with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to TCIR’s representative: Richard R. Wilson, 518 N. Center Street, Ste. 100, Ebensburg, PA 15931. If the verified notice contains false or misleading information, the exemption is void ab initio. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: October 21, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–25013 Filed 10–23–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35770] BNSF Railway Company—Trackage Rights Exemption—Union Pacific Railroad Company mstockstill on DSK4VPTVN1PROD with NOTICES Pursuant to a written trackage rights agreement, Union Pacific Railroad Company (UP) has agreed to grant overhead trackage rights to BNSF Railway Company (BNSF) over the following UP rail lines: (1) From Houston, Tex. (Tower 81), on the UP Harrisburg Subdivision at milepost 4.6 to the beginning of UP’s Glidden Subdivision at milepost 13.6, and on to Rosenberg, Tex. (Tower 17), on UP’s Glidden Subdivision at milepost 36.3 (Rosenburg Route); and (2) from the Clinton Industrial Lead connection, at the Terminal Subdivision at milepost 359.6, to the Houston Public Elevator #2 (HPE#2) (Clinton Route).1 This transaction will be consummated on or shortly after the effective date of this exemption, November 7, 2013.2 2 Each OFA must be accompanied by the filing fee, which is currently set at $1,600. See 49 CFR 1002.2(f)(25). 3 Because this is a discontinuance proceeding and not an abandonment, trail use/rail banking and public use conditions are not appropriate. Likewise, no environmental or historic documentation is required here under 49 CFR 1105.6(c) and 49 CFR 1105.8(b), respectively. 1 A redacted copy of the trackage rights agreement was filed with the verified notice of exemption. An unredacted version was filed under seal along with a motion for protective order, which will be addressed in a separate decision. 2 This notice was scheduled to be published in the Federal Register during the time that the agency VerDate Mar<15>2010 17:25 Oct 23, 2013 Jkt 232001 The purpose of this transaction is to enable BNSF to make overhead movements of all commodities over the Rosenburg Route and overhead movements of grain consigned to HPE#2 and empty grain cars in return over the Clinton Route. As a condition to this exemption, any employees affected by the trackage rights will be protected by the conditions imposed in Norfolk & Western Railway—Trackage Rights— Burlington Northern, Inc., 354 I.C.C. 605 (1978), as modified in Mendocino Coast Railway—Lease & Operate—California Western Railroad, 360 I.C.C. 653 (1980). This notice is filed under 49 CFR 1180.2(d)(7). If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Stay petitions must be filed by October 31, 2013 (at least seven days before the exemption becomes effective). An original and 10 copies of all pleadings, referring to Docket No. FD 35770, must be filed with the Surface Transportation Board, 395 E Street SW., Washington, DC 20423–0001. In addition, a copy of each pleading must be served on Karl Morell, Ball Janik LLP, 655 Fifteenth Street NW., Suite 225, Washington, DC 20005. Board decisions and notices are available on our Web site at ‘‘WWW.STB.DOT.GOV.’’ Decided: October 21, 2013. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Derrick A. Gardner, Clearance Clerk. [FR Doc. 2013–25014 Filed 10–23–13; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8038–R Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent SUMMARY: was closed due to a lapse in appropriations. Because publication of this notice has been delayed, the effective date of the exemption will also be delayed to provide adequate notice to the public. PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8038–R, Request for Recovery of Overpayments Under Arbitrage Rebate Provisions. DATES: Written comments should be received on or before December 23, 2013 to be assured of consideration. ADDRESSES: Direct all written comments to Yvette Lawrence, Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to LaNita Van Dyke at Internal Revenue Service, Room 6511, 1111 Constitution Avenue NW., Washington, DC 20224, or through the Internet at Lanita.VanDyke@irs.gov. SUPPLEMENTARY INFORMATION: Title: Request for Recovery of Overpayments Under Arbitrage Rebate Provisions. OMB Number: 1545–1750. Form Number: 8038–R. Abstract: Under Treasury Regulations section 1.148–3(i), bond issuers may recover an overpayment of arbitrage rebate paid to the United States under Internal Revenue Code section 148. Form 8038–R is used to request recovery of any overpayment of arbitrage rebate made under the arbitrage rebate provisions. Current Actions: There are no changes being made to the form at this time. Type of Review: Extension of a currently approved collection. Affected Public: State, local or tribal governments. Estimated Number of Respondents: 200. Estimated Time per Respondent: 12 hours, 16 minutes. Estimated Total Annual Burden Hours: 2,458. The following paragraph applies to all of the collections of information covered by this notice: An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63563-63564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25013]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 825X]


Turtle Creek Industrial Railroad, Inc.--Discontinuance of Service 
Exemption--in Westmoreland County, PA

    Turtle Creek Industrial Railroad, Inc. (TCIR), has filed a verified 
notice of exemption under 49 CFR part 1152 subpart F--Exempt 
Abandonments and Discontinuances of Service to discontinue service over 
approximately 9.8 miles of rail line from milepost 0.9 near Trafford, 
Pa., to milepost 10.7 in Export, Pa. (the Line). The Line traverses 
United States Postal Service Zip Codes 15085, 15668, and 15632.
    TCIR has certified that: (1) No local traffic has moved over the 
Line for at least two years; (2) no overhead traffic has moved over the 
Line for at least two years, and if there were any, it could be 
rerouted over other lines; (3) no formal complaint filed by a user of 
rail service on the Line (or by a state or local government entity 
acting on behalf of such user) regarding cessation of service over the 
Line either is pending with the Surface Transportation Board (Board) or 
with any U.S. District Court or has been decided in favor of 
complainant within the two-year period; and (4) the requirements at 49 
CFR 1105.12 (newspaper publication) and 49 CFR 1152.50(d)(1) (notice to 
governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, this exemption will become effective on November 23, 2013, 
unless stayed pending reconsideration.\1\ Petitions to stay that do not 
involve environmental issues and formal expressions of intent to file 
an OFA to subsidize continued

[[Page 63564]]

rail service under 49 CFR 1152.27(c)(2),\2\ must be filed by November 
4, 2013.\3\ Petitions to reopen must be filed by November 13, 2013, 
with the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \1\ This notice was scheduled to be published in the Federal 
Register during the time that the agency was closed due to a lapse 
in appropriations. Because publication of this notice has been 
delayed, the effective date of the exemption will also be delayed to 
provide adequate notice to the public.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \3\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historic 
documentation is required here under 49 CFR 1105.6(c) and 49 CFR 
1105.8(b), respectively.
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    A copy of any petition filed with the Board should be sent to 
TCIR's representative: Richard R. Wilson, 518 N. Center Street, Ste. 
100, Ebensburg, PA 15931.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: October 21, 2013.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-25013 Filed 10-23-13; 8:45 am]
BILLING CODE 4915-01-P